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· 5/7/2004

Bentz v. McDaniel

Citations

  • 872 So. 2d 978
  • 2004 WL 1058324

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, where servient owner shows that he or she continuously excluded or prevented an easement’s use by the dominant owner for seven years, extinguishment of the easement has been proven
  • holding that servient owner did not extinguish easement by adverse possession although he built bulkhead on river side of easement and planted a grapefruit tree and some shrubbery in the easement
  • applying \clear and positive proof\ and \clear and convincing proof\ standards interchangeably in reviewing evidence of adverse possession

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.